‘Public safety' package clears latest hurdle, offers changes but keeps lower detention age of 11
State Sen. Carolyn Bosn of Lincoln. May 19, 2023. (Zach Wendling/Nebraska Examiner).
LINCOLN — A 'public safety' package on Thursday cleared a second lawmaking hurdle and retains what has been the most controversial element — lowering the minimum age at which a youth can be detained from 13 to 11.
Before Legislative Bill 530 passed on a 35-9 vote, however, lawmakers approved smaller juvenile-justice related changes to address some concerns of certain lawmakers and nonprofits, said State Sen. Carolyn Bosn, chair of the Legislature's Judiciary Committee.
Among modifications was a requirement that all temporary and alternative placement options be exhausted before a child age 11 or 12 would be detained in a facility, which critics say causes lasting trauma.
Removed as a reason a youth could be detained was 'harm to self' language. 'We didn't want to create an illusion that we were detaining youth who might be going through a mental health crisis,' said Bosn.
Also changed was the name of a new designation a court could bestow on certain youth offenders. Omaha State Sen. Ashlei Spivey had taken issue with the earlier proposed 'high-risk juvenile probationer' category, comparing it to a 'super predator' flag that would disproportionately harm youths of color. Amended language now refers to those youths as 'comprehensive supervision probationers.'
In the end, Spivey was among nine 'no' votes, joining State Sen. Terrell McKinney of North Omaha, who was unsuccessful in garnering support for additional changes. For example, he wanted to limit which law enforcement levels are to receive a monthly list of 'comprehensive supervision probationers' generated by the Office of Probation Administration.
McKinney proposed that the list be provided only to high-ranking officers, not those below the rank of captain. He said his concern was the 'rogue' law enforcement officers who can misuse such information to 'provoke' or unfairly target youths. He said that happens disproportionately in his district.
McKinney noted during Thursday's debate that a teen was dead after being shot by a Douglas County sheriff's deputy that morning. The investigation is ongoing.
'I'm trying to make sure more lives don't get lost,' McKinney said.
Bosn said that no one likely would be completely satisfied with the juvenile justice parts of the public safety package, but she called the results so far a 'showing of good will.'
Spivey said that while some parts still give her 'heartburn,' she appreciated the process to try to reach a compromise on parts opponents said were overly punitive.
Bosn, a former prosecutor, views the overall package as promoting public safety while also better re-directing juveniles who have veered into trouble.
LB 530 includes an underlying bill introduced by State Sen. Kathleen Kauth of Omaha which aims to increase fines for speeding violations and to change the law to help 'vulnerable road users.'
Segments of at least nine bills were folded into the megabill before the Legislature's Judiciary Committee moved it to the floor for full debate. Lawmakers advanced it 33-0 in the first round and now, after approval Thursday, it moves to final reading.
Other components folded into the package:
LB 6, introduced by Bosn and aimed at fentanyl poisoning, calls for enhanced penalties when the person using the controlled substance dies or sustains serious injury.
LB 44, by McKinney, allows individuals to file for post-conviction relief up until the age of 21 if the conviction occurred as a minor.
LB 124, by State Sen. Rick Holdcroft of Bellevue, would match a drunken driver's penalty for motor vehicle homicide of an unborn child to the penalty that drunken driver would get for motor vehicle homicide.
LB 395, by State Sen. Barry DeKay of Niobrara, would allow police access to a sealed juvenile record when someone applies for a concealed handgun permit.
LB 404, by State Sen. Robert Hallstrom of Syracuse, authorizes courts to extend a term of probation upon a joint application from the probation officer and the person on probation.
LB 600, by State Sen. Wendy DeBoer of Omaha, authorizes the Department of Transportation to temporarily reduce speed limits on highways under specific conditions such as adverse weather or traffic congestion.
LB 684, by State Sen. Eliot Bostar of Lincoln, was essentially gutted and replaced by a series of juvenile justice measures, including the lowering of the age at which a youth could be detained in a facility. That element, which sparked criticism from many during a public hearing, was originally part of a bill by Ralston State Sen. Merv Riepe.
Bosn said the Judiciary Committee sees the measures as ways to 'improve accountability for juveniles and transparency for law enforcement.' Spivey said the detainment measures were among the package's most concerning, and that prevention and rehabilitation services are more effective when dealing with young people whose brains are still developing.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
3 hours ago
- Yahoo
Texas bill allocates $13M for animal spay and neutering services
The Brief The budget passed by the Texas Legislature allocates $13 million to a pilot program to spay and neuter cats and dogs. Gov. Greg Abbott has yet to approve this funding. This builds off of recently passed legislation, Senate Bill 1568, which created specialty license plates to fund animal sterilization. Texas lawmakers passed a budget that sets aside $13 million for animal spaying and neutering services in order to limit the spread of infectious diseases. If approved by the governor, the Department of State Health Services (DSHS) would lead a statewide pilot program over the next two years. What we know The program was created in an effort to reduce the prevalence of infectious diseases such as rabies, toxoplasmosis, and leptospirosis. These diseases, which can be transferred from animals to humans, can cause adverse side effects in people. What they're saying Shelby Bobosky, executive director of the Texas Humane Legislation Network (TLHN), said the pilot program is a crucial step forward in protecting both animals and people. "Shelters, veterinarians, and local communities have long struggled with limited resources to manage stray and feral animal populations," she said. "This funding is not only indispensable, but it also reflects a clear understanding by the Legislature that animal welfare is a vital part of our public health infrastructure." Bobosky believes the effort will help to tackle Texas' pet overpopulation problem while working to improve community health. The backstory The pilot program is a continuation of previous legislation the TLHN led: Senate Bill 1568, which passed on May 24, 2025. This bill, authored by State Senator Judith Zaffirini, a Democrat from South Texas, created specialty license plates to promote public participation in animal sterilization. The new license plates would include the phrase "Spray. Neuter. Adopt." The sales of this license plate would support the Animal Friendly Account to help fund programs and organizations that support animal sterilization in order to reduce stray populations. What's next If signed into law by Gov. Greg Abbott, the DSHS will begin forming the plans and procedures to implement the pilot program over the upcoming months. The TLHN plans to work with animal shelters, veterinary professionals, rescue organizations, and local municipalities to collect feedback to share with the DSHS. The Source This information was gathered from Texas Policy Research, as well as a news release sent by the Texas Humane Legislation Network.
Yahoo
4 hours ago
- Yahoo
‘Hard things lead to adaptation': Utah's colleges on what they'll cut, add following state pressure
Friday's Utah Board of Higher Education meeting offered telling glimpses into the academic future of the state's public colleges and universities. Earlier this year, the Legislature passed House Bill 265 — the so-called 'strategic reinvestment' initiative requiring Utah's eight public colleges and universities to reallocate millions of dollars to programs determined to be of highest value to both students and Utah's economy. On Friday, representatives from the state's eight degree-granting public schools presented their strategic reinvestment plans to the board. There's much on the line. If the schools' respective plans are approved by the Board of Higher Education and, in the coming months, by the Legislature, they can reclaim the 10% of their annual budget that was cut during the recent legislative session. Each of Utah's schools are, of course, unique in size, funding and mission. Their respective reinvestment plans reflect those differences. But there were shared similarities Friday. First, the institutional changes demanded by HB265 certainly exact some pain. Jobs, academic programs and colleges are being cut to reinvest in other areas. But higher education leaders also said the legislation presents opportunities to decide how to best serve the state's students — professionally and personally — in an ever-evolving world. A statement Friday from University of Utah President Taylor Randall speaks to a 'moment of reinvention' in higher education: 'My support for these moves is not only about legislative compliance and fiscal responsibility — it is also a reflection of my commitment to the vision of where the University of Utah needs to go to be an impact university," Randall said. The state-imposed reallocation/reinvestment plans will occur over a three-year period. At least 30% of the reallocated dollars must be deployed by each school in fiscal year 2026. At least 70% in 2027. And 100% in 2028. Here are highlights of each school's Strategic Reinvestment Plan presentations: Celebrating its 175th anniversary this year, the University of Utah has a student body of almost 37,000. The state's flagship institution of higher learning has the largest HB265 reallocation burden: More than $19.5 million. The University of Utah's strategic reinvestment plan remains a work in progress. The school is still finalizing its reallocation targets for fiscal years 2027 and 2028 — 'Phase 2' and 'Phase 3.' The board on Friday approved the school's reinvestment plan, conditional on the institution returning by September with sufficient details. Randall said the time extension is needed because of the volatility facing 'Research 1' universities due to changes implemented by the Trump administration. On a daily basis, 'there are tens of millions of dollars of grants moving back and forth,' he said. 'Those actually affect staffing decisions and faculty decisions. So we are grateful that you've allowed us some time to let some of those things settle down.' The University of Utah's 'Phase 1' reinvestment plan includes reallocation investments in engineering; advancing responsible AI and biotechnology; boosting programs that address the critical nursing shortage; and strengthening General Education by focusing on civic responsibility and building durable skills such as critical thinking and conflict resolution. The University's 'Phase 1' disinvestments will come largely by implementing improved efficiencies in administration and administrative support areas. Meanwhile, scores of courses and programs at the University of Utah are being sunset across a variety of colleges — including graduate programs in educational psychology, bioengineering, modern dance, Middle East Studies, sociology/criminology and neurobiology. Looking forward, Randall said the school's finalized reinvestment plan will look at maximizing shared services opportunities while also examining program and college redesigns and early retirement opportunities for employees. The state's sole land-grant university with a statewide enrollment of almost 29,000, USU is required by HB265 to reallocate approximately $12.6 million. School leaders are concentrating their changes on three broad categories: Technologies and Careers for the Future (i.e., addressing critical needs in engineering, artificial intelligence, computing, and analytics); Health and Wellbeing Workforce; and improving Student Access, Success & Outcomes. Proposed reallocations include new faculty positions in AI and data science, a new school of computing, a new chemical engineering program and the expansion of the school's aviation program. In health care, USU proposes to expand mental health and well-being programs and its nursing program — while creating a new College of Health and Human Sciences and a new Doctor of Physical Therapy program. Investments are also planned in Student Success Support programming and USU's Online Enterprise. USU's proposed plan does include significant personnel costs. Approximately 120 Full-Time Equivalent (FTE) positions are slated for elimination — including positions in school administration, staff and faculty. (Note: FTEs do not represent, number-to-number, full-time employees.) Several USU programs, degrees and certificates are expected to be discontinued — including bachelor's degrees in American Studies, agriculture communication, deaf education; master's degrees in financial economics, fitness promotion; and an associate's degree in theatre offered at the school's Price, Utah, campus. USU's Interim President Alan Smith aptly noted the mix of challenges and opportunities offered by HB265. 'Hard things,' he said, 'lead to adaptation.' The state's largest community college with an enrollment of almost 25,000 students, SLCC is required by HB265 to reallocate approximately $5.2 million. SLCC is focusing on three 'major outcomes' in support of the bill's goals to align funding to evolving student and workforce needs: 1 - Reinvesting in workforce and high-demand transfer programs — including over $2 million reinvested in technical programs, almost $1 million in the Gail Miller Business School and $586,000 in the School of Health Sciences. 2 - Reducing administrative overhead costs to reinvest in instruction programs by, in part, eliminating five administrator positions and through consolidation. 3 – And centering student outcomes in the decision-making process — prompting almost $600,000 in additional reductions that went beyond HB265's budget reduction requirements. SLCC's proposal would result in decreasing the number of instructional offerings from 195 to 147 total certificate and degree programs, while also consolidating the School of Arts, Communication & Media. The changes are expected to impact 50 full-time and part-time employees. Fifteen are vacant positions — 35 are slated for layoffs. Many employees impacted by layoffs will have opportunities to transfer to another position at the school — or pursue a retirement option, according to the school. Five new SLCC faculty positions will be added, through reinvestment. Almost 5,000 students are pursuing higher education opportunities at Snow College. The Ephraim-based community college is required by HB265 to reallocate $1.7 million over the next three years. Plan highlights include expanding the school's prison education program, the elementary education program, the respiratory therapy program — and the creation of several new programs, including Pre-Architecture & Drafting, Strategic Communication and Public Relations, Commercial Driver's License and Rural Entrepreneurship. Additionally, there are plans for 12 'reinvested' positions in the works. Meanwhile, several academic programs are slated for disinvestment — including French, Italian and Media Studies. There will be 11 jobs eliminated — including positions in information technology and student affairs. However, there were no involuntary separations or forced layoffs. One vice president position was eliminated at Snow. Located in St. George, Utah Tech University has enjoyed steady enrollment growth in recent years. Today's UT student body is over 11,000. HB265 requires UT to reallocate $2.5 million over the course of its implementation. UT's plan aims to meet workforce demands, while increasing enrollment — including adding 19 faculty and instructional staff positions in high-demand areas such as business, engineering, psychology, health sciences and digital media programs. The school also plans to add an Associate Dean for Arts. Reductions are being made, in part, by eliminating several staff, faculty and administrative positions — including the school's Executive Director of Strategic Partnerships, one Spanish Education and one Theater Directing faculty member; and one school dean and five administrative support positions. The direction of HB265, said newly installed president Shane Smeed, helps UT 'strengthen and accelerate UT's pursuit of polytechnic mission and value.' Home to almost 14,000 students, SUU is required to reallocate $3.1 million. The school's plan focuses primarily on Utah's workforce needs and identifying emerging student opportunities. Multiple faculty positions, for example, are being added to the school's business, STEM, health care, and innovative tech programs. Several new positions are also being created to enhance student support as they prepare for careers. Meanwhile, 25 positions are being eliminated in several fields — including chemistry, biology, history and math. Twenty-four academic programs are being eliminated. Majors slated for elimination include Philosophy, French, French Education and Art History. The Arts Administration (face-to-face) and Athletic Training master's programs are also being cut. Several associate degree programs — including many which were already slated for eventual elimination — are also being dropped. Also, SUU's College of Engineering & Computational Sciences will be combined with the College of Natural Sciences. 'This has been a good thing to get us looking to the future,' said SUU President Mindy Benson. Weber State University, which has experienced record growth in recent years, enrolls approximately 27,000 students. The Ogden institution is required by HB265 to reallocate approximately $6.7 million. Forty-nine positions are being cut: 11 administrative positions, 10 staff positions and 28 salaried faculty — with most of the faculty cuts coming from the College of Social and Behavioral Sciences and the Lindquist College of Arts & Humanities. Several administrative slots are also being reduced — including the school's Assistant Vice President for Regional Partnerships and the executive director for Academic Support Centers & Programs. Meanwhile, dozens of majors, certificates and minors are being eliminated — including majors in Applied Physics, Dance Education, Geography, German and Computer Science Teaching. Reallocation highlights at WSU include more than $800,000 going towards academic advising support; $685,000 for high need health profession areas; more than $2.6 million to support, in part, the development of sub-120 hour degree programs; initiatives to enhance students' academic experiences; and development of new credentials aligning with Talent Ready Utah Occupational Priority List. WSU also plans to establish a new associate dean position within the Dumke College of Health Professions, specifically focused on nursing. The state's largest university with an enrollment of almost 47,000 students, UVU is required by the state to reallocate approximately $8.9 million. During their presentation Friday, UVU leaders say they have been implementing efficiency-focused decisions long before HB265 — reducing, in recent years, a number of academic schools/colleges and discontinuing the English Language Learning Program. And last October, the school implemented a campus-wide hiring freeze to manage budgets. Still, this year's Legislative actions are taking a toll at the Orem institution. Forty-five employee positions are being eliminated. Thirteen of those jobs were already vacant. Meanwhile, several specific academic programs are slated for cuts — including a specialized associate's degree in business; certificates in woodworking/cabinetry and administrative information support; and a nursing education Master's degree. Expenditures are also being reduced in UVU's Academic Affairs departments — including the Innovation Academy and Program Assessment budgets. Other highlighted areas of UVU's reinvestment plan include: Expanding resources for emerging occupations such as AI. Increasing engineering-related initiatives in mechanical engineering, computer science and IT. Expanding health and wellness opportunities in occupational therapy and behavioral health. And further investing in General Education to develop critical thinking, communication and durable skills.
Yahoo
5 hours ago
- Yahoo
‘Prudent remedy' for veto error is special session, Legislative Council advises
Gov. Kelly Armstrong speaks during a meeting of the Senate Appropriations Committee on March 27, 2025. (Michael Achterling/North Dakota Monitor) Legal staff for North Dakota's legislative branch concluded the 'prudent remedy' to correct an error with Gov. Kelly Armstrong's line-item veto would be for the governor to call a special session, according to a memo issued Friday. But Attorney General Drew Wrigley, who is working on a separate opinion, maintains that Legislative Council has no role in determining the execution of the governor's veto. Armstrong announced May 22 a 'markup error' with a line-item veto that crossed out $35 million for a state housing development fund. The red X over the funding did not match what Armstrong indicated in his veto message that explained his reasoning. North Dakota governor unintentionally vetoes $35 million for housing programs A Legislative Council memo distributed to lawmakers Friday concluded that legal precedent supports the marked-up bill as the official veto document. 'Engaging in interpretive gymnastics' to disregard the markings on the bill could lead to unintended consequences in the future, Legislative Council concluded. Emily Thompson, legal division director for Legislative Council, said the Legislature needs to have an objective document to clearly illustrate what was vetoed, such as the specific veto markings on the bill, so lawmakers can exercise their veto override authority effectively. Lawmakers have six days remaining in their 80-day limit and could call themselves back into session to address the veto. However, the memo cautions that the Legislature may need those days to reconvene to respond to federal funding issues or other unforeseen reasons. Legislative Council recommends the governor call a special session, which would not count against the 80-day limit. A special session of the Legislature costs about $65,000 per day, according to Legislative Council. Armstrong is waiting for an attorney general's opinion to determine the next steps, according to a statement from his office. He previously said he would call a special session if necessary. Wrigley said Friday it's up to his office to assess the situation and issue an opinion on the governor's question. 'The power in question is strictly the governor's power and it has to be in compliance with the constitution and laws of North Dakota,' Wrigley said. 'That's the only assessment here. There's no role for this in Legislative Council. They have no authority in this regard.' Armstrong on May 19 issued two line-item vetoes in Senate Bill 2014, the budget for the state Industrial Commission. His veto message explained his reasons for objecting to a $150,000 one-time grant for a Native American-focused organization to fund a homelessness liaison position. But the marking also crossed out $25 million for housing projects and programs and $10 million to combat homelessness, which he later said he did not intend to veto. Chris Joseph, general counsel for Armstrong, wrote in a request for an attorney general's opinion that the markings served as a 'color-coded visual aid,' and the veto message should control the extent of the veto. Wrigley said his office is working on the opinion and aware that resolution of the issue is time sensitive. Bills passed by the Legislature with appropriations attached to them, such as the Industrial Commission budget, go into effect July 1. 'I look forward to publishing my opinion on that at the earliest possible time,' he said. The Legislative Council memo states, 'It would not be appropriate to allow the governor and attorney general to resolve the ambiguity by agreement.' In addition, Legislative Council concluded that if the governor's veto message is to be considered the controlling document for vetoes in the future, more ambiguities would likely be 'inevitable and frequent' and require resolution through the courts. The memo cites a 2018 North Dakota Supreme Court opinion involving a case between the Legislature and then-Gov. Doug Burgum that ruled 'a veto is complete and irrevocable upon return of the vetoed bill to the originating house,' and further stated the governor does not have the power to 'withdraw a veto.' 'Setting a precedent of the attorney general issuing a letter saying we can just go ahead and interpret the governor's veto message to mean what was, or was not, vetoed, that's a really concerning precedent to set,' Thompson said in an interview. Wrigley said any issues resulting from the opinion could be addressed by the courts. 'I sincerely hope that they (Legislative Council) are not trying to somehow publicly advocate, or attempt to influence a process for which they have no role,' Wrigley said. Legislative Council memo SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
